2021 Regular Session ENROLLED
SENATE BILL NO. 111
BY SENATOR WOMACK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 38:2191(A), 2212(B)(2), 2222, and 2241.1(C) and to enact R.S.
3 38:2212(E)(8) and 2241.1(D), relative to public contracts; to provide for timely
4 execution and approval of change orders; to provide for filing injunctions or
5 mandamus suits involving bids; to provide awarding bids after judicial
6 determinations of the lowest responsive and responsible bidder; to provide for
7 payments under a contract; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 38:2191(A), 2212(B)(2), 2222, and 2241.1(C) are hereby amended
10 and reenacted and R.S. 38:2212(E)(8) and 2241.1(D) are hereby enacted to read as follows:
11 §2191. Payments under contract
12 A. All public entities shall promptly pay all obligations including approved
13 change orders, arising under public contracts when the obligations become due and
14 payable under the contract. All progressive stage payments and final payments shall
15 be paid when they respectively become due and payable under the contract.
16 * * *
17 §2212. Advertisement and letting to lowest responsible and responsive bidder;
18 public work; electronic bidding; participation in mentor-protégé
19 program; exemptions
20 * * *
21 B. * * *
22 (2) Any public entity advertising for public work shall use only the Louisiana
23 Uniform Bid Form as promulgated in accordance with the Administrative Procedure
24 Act by the division of administration, office of facility planning and control. The
25 bidding documents shall require only the following information and documentation
ACT No. 205
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1 to be submitted by a bidder at the time designated in the advertisement for bid
2 opening: Bid Security or Bid Bond, Acknowledgment of Addenda, Base Bid,
3 Alternates, Signature of Bidder, Name, Title, and Address of Bidder, Name of Firm
4 or Joint Venture, Corporate Resolution or written evidence of the authority of the
5 person signing the bid, and Louisiana Contractors License Number, and on public
6 works projects where unit prices are utilized, a section on the bid form where the unit
7 price utilized in the bid shall be set forth including a description for each unit;
8 however, unit prices shall not be utilized for the construction of building projects,
9 unless the unit prices and their extensions are incorporated into the base bid or
10 alternates. Any timely change by a bidder to the bid prior to submission of the
11 bid shall be scratched through and initialed by the bidder or the person who
12 submits the bid. The change as initialed shall be binding.
13 * * *
14 E.(1) * * *
15 (8) For the purpose of bids submitted electronically, the last timely bid
16 submission by each and any bidder shall be binding.
17 * * *
18 §2222. Change orders; recordation
19 A. Each change order to a public works contract or to a contract for materials
20 and supplies which adds an amount of ten percent or more of the original contract
21 amount and which additional amount is at least ten thousand dollars or all change
22 orders to a contract aggregating to an amount of twenty percent or more of the
23 original contract amount and which additional amount is at least ten thousand dollars
24 shall be recorded by the public entity which entered into the contract in the office of
25 the recorder of mortgages in the parish where the work is to be done or, if not a
26 public work, where the entity is domiciled not later than thirty days after the date of
27 the change order which requires that the recordation take place. In addition, the
28 original contract shall be recorded together with the change orders if not previously
29 recorded. The provisions of this Section shall not apply to the office of facility
30 planning and control, and the office of state procurement.
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1 B. Change orders shall be processed and issued by the public entity no
2 later than forty days following final execution of the change order.
3 * * *
4 §2241.1. Acceptance of governing authority
5 * * *
6 C. Any public entity that does not file for recordation an acceptance of public
7 work, shall require the contractor to have recorded in the office of the recorder of
8 mortgages, in the parish where the work has been done, an acceptance of such work
9 or of any specified area of such work, not later than forty-five calendar days after the
10 date of completion or substantial completion of the work. This acceptance shall not
11 be executed except upon the recommendation of the design professional hired by the
12 public entity whose recommendation may shall be made not later than thirty calendar
13 days after the date of completion or substantial completion of such public work. A
14 public entity shall not take, use, or occupy the public work or use or occupy the
15 specified area of the public work for which it was intended until the substantial
16 completion has been filed pursuant to this Section, unless an approved
17 agreement of partial occupancy is executed between the public entity, the design
18 professional of record, and the contractor.
19 D. The public entity's failure to comply with the provisions of this
20 Section shall be subject to a writ of mandamus.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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